Showing : 321-330 of 1189 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 58-- Provision of S.58(d) is not applicable to the areas falling within the jurisdiction of Punjab & Haryana High Court - However, usufructuary mortgage is required to be made by way of registered deed in the State of Punjab w.e.f. 10.06.1968 and from 05.08.1967 in the State of Haryana - If the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 58-- Mortgage - Nature of - Mortgage is essentially and basically a conveyance in law or an assignment of chattels as a security for payment of debt or for discharge of some other obligation for which it is given - The security must therefore be redeemable on the payment or discharge of such debt or..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 1-- Interpretation of provisions - Sections 60, 62 and 67 of the Act are not applicable within the State of Punjab and Haryana - These provisions are required to be interpreted keeping in view the principles of equity and good conscience...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 62(a)-- Usufructuary mortgage - Right of mortgagor to recover possession - In terms of clause (a) of Sec. 62, the suit is for possession after mortgage comes to end by self redeeming process as the mortgagee is authorised to pay himself the mortgage money form the rents and profits of the property - The..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 62(b)-- Usufructuary mortgage - Right of mortgagor to recover possession - In terms of clause (b) of Sec. 62, the right of a mortgagor will arise only after rents and profits derived by the mortgagee out of the usufruct of the mortaged property are adjusted towards the interest or principle and on..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 62, 67, Limitation Act, 1963, Article 61(a)-- Right of usufructuary mortgagor to recover possession - Right to foreclosure or sale - When the right to redeem or possession accrues - Limitation of 30 years - The right to redemption or recover possesion accrues to the mortgagor on payment of sum secured, where rents and profits are to be set..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 60, 62, 67, Limitation Act, 1963, Article 61(a)-- Usufructary Mortgage - Suit by mortgagee for declaration to the effect that they have become onus of land by prescription - Contention that after expiry of period of limitation to sue for foreclosure, the mortgages have a right to seek declaration in respect of their title over the suit property -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 62-- Usufructuary mortgage - 1. Whether the right to seek redemption would arise on the date of mortgage itself in case of usufructuary mortgage when no time limit is fixed to seek redemption? - 2. Whether there is any time limit in the case of a usufructuary mortgagor to get his property redeemed?...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 106, Delhi Rent Control Act, 1958, Section 3(c), 6A, 8, 14(1)(e)-- Suit for eviction - Rent increased - S.3(c) of Act came into operation - Suit for eviction under general law - Held, that no notice to quit was necessary u/s 106 TPA in order to enable the respondent to get a decree of eviction against appellant...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 41-- Bonafide purchaser - Basic law is 'buyer beware' - Joint Property partitioned by metes and bounds between co-sharers - Partition entered in revenue record - Value of land and khasra number also mentioned - Land in dispute allotted to plaintiff - Held, in such circumstances vendors of plaintiff..........

Showing : 321-330 of 1189 Results